WEST VIRGINIA CODE

WVC 24 - 2 - 2
§24-2-2. General power of commission to regulate public utilities.

(a) The commission is hereby given power to investigate all
rates, methods and practices of public utilities subject to the
provisions of this chapter; to require them to conform to the laws
of this state and to all rules, regulations and orders of the
commission not contrary to law; and to require copies of all
reports, rates, classifications, schedules and timetables in effect
and used by the public utility or other person to be filed with the
commission, and all other information desired by the commission
relating to the investigation and requirements, including
inventories of all property in such form and detail as the
commission may prescribe. The commission may compel obedience to
its lawful orders by mandamus or injunction or other proper
proceedings in the name of the state in any circuit court having
jurisdiction of the parties or of the subject matter, or the
Supreme Court of Appeals directly, and the proceedings shall have
priority over all pending cases. The commission may change any
intrastate rate, charge or toll which is unjust or unreasonable or
any interstate charge with respect to matters of a purely local
nature which have not been regulated by or pursuant to an act of
Congress and may prescribe a rate, charge or toll that is just and
reasonable, and change or prohibit any practice, device or method
of service in order to prevent undue discrimination or favoritism
between persons and between localities and between commodities for
a like and contemporaneous service. But in no case shall the rate, toll or charge be more than the service is reasonably worth,
considering the cost of the service. Every order entered by the
commission shall continue in force until the expiration of the
time, if any, named by the commission in the order, or until
revoked or modified by the commission, unless the order is
suspended, modified or revoked by order or decree of a court of
competent jurisdiction: Provided, That in the case of utilities
used by emergency shelter providers, the commission shall prescribe
such rates, charges or tolls that are the lowest available.
"Emergency shelter provider" means any nonprofit entity which
provides temporary emergency housing and services to the homeless
or to victims of domestic violence or other abuse.

(b) Notwithstanding any other provision of this code to the
contrary, rates are not discriminatory if, when considering the
debt costs associated with a future water or sewer project which
would not benefit existing customers, the commission establishes
rates which ensure that the future customers to be served by the
new project are solely responsible for the debt costs associated
with the project.

(c) Notwithstanding any other provision of this code to the
contrary, the jurisdiction of the commission over water and/or
sewer utilities that are political subdivisions of the state
providing a separate or combined services and having at least four
thousand five hundred customers and annual combined gross revenues
of $3 million or more shall be limited to those powers enumerated in subsection (b), section one of this article.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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